Common use of Compliance with Texas Government Code Clause in Contracts

Compliance with Texas Government Code. The Borrower and Bondowner Representative each hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent either of this Loan Agreement or the Bond Purchase Agreement is a contract for goods or services, will not boycott Israel during the term of this Loan Agreement or the Bond Purchase Agreement, and such representation is hereby incorporated by reference into each of such Agreements. The foregoing verification is made solely to comply with Section 2270.002, Texas Government Code, and to the extent such Section does not contravene applicable Federal law. As used in the foregoing verification, ‘boycott Israel’ means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The Borrower and Bondowner Representative each understands ‘affiliate’ to mean an entity that controls, is controlled by, or is under common control with the respective entity and exists to make a profit. The Borrower and Bondowner Representative each represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website: xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/sudan-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/iran-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/fto-list.pdf. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the Borrower, the Bondowner Representative and each of such entity’s parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Borrower and Bondowner Representative each understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the respective entity and exists to make a profit.

Compliance with Texas Government Code. The Borrower and Bondowner Representative each Trustee hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent either of this Loan Agreement or the Bond Purchase Agreement is a contract for goods or services, and will not boycott Israel during the term of this Loan Agreement or Indenture, the Bond Purchase Loan Agreement, the Regulatory Agreement and the Tax Exemption Agreement, and such representation is hereby incorporated by reference into each of such Agreementsthe documents referenced herein. The foregoing verification is made solely to comply with Section 2270.002, Texas Government Code, and to the extent such Section does not contravene applicable Federal law. As used in the foregoing verification, ‘boycott Israel’ means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The Borrower and Bondowner Representative each Trustee understands ‘affiliate’ to mean an entity that controls, is controlled by, or is under common control with the respective entity Trustee and exists to make a profit. The Borrower and Bondowner Representative each Trustee represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website: xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/sudan-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/iran-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/fto-list.pdf. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the Borrower, the Bondowner Representative Trustee and each of such entity’s its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Borrower and Bondowner Representative each Trustee understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the respective entity Trustee and exists to make a profit.. The Issuer has caused this Indenture to be executed in its name and on its behalf by its duly authorized officer, and the Trustee has caused this Indenture to be executed in its name by its duly authorized officer, all as of the date set forth above. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Name: X.X. Xxxxxxx Title: Chair [signature page to Indenture of Trust - signatures continue on next page] WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee By: Name: Xxxxx Xxxxx Title: Vice President EXHIBIT A (FORM OF REQUISITION CERTIFICATE) COSTS OF ISSUANCE/ PROJECT FUND Date: , Requisition No: REQUISITION CERTIFICATE TO: WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE INDENTURE OF TRUST DATED AS OF JUNE 1, 2019, BETWEEN THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AND THE TRUSTEE. TCD MCM, LP, a Texas limited partnership (the “Borrower”), hereby requests that the following amounts be paid from the [Cost of Issuance/Project Fund] to the following payees for the following purposes: Amount Payee and Address Purpose $ The Borrower hereby certifies that:

Compliance with Texas Government Code. The Borrower and Bondowner Representative each Trustee hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent either of this Loan Agreement or the Bond Purchase Agreement is a contract for goods or services, and will not boycott Israel during the term of this Loan Indenture, the Financing Agreement, the Regulatory Agreement, the Subordination Agreement or and the Bond Purchase Tax Exemption Agreement, and such representation is hereby incorporated by reference into each of such Agreementsthe documents referenced herein. The foregoing verification is made solely to comply with Section 2270.002, Texas Government Code, and to the extent such Section does not contravene applicable Federal law. As used in the foregoing verification, ‘boycott Israel’ means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The Borrower and Bondowner Representative each Trustee understands ‘affiliate’ to mean an entity that controls, is controlled by, or is under common control with the respective entity Trustee and exists to make a profit. The Borrower and Bondowner Representative each Trustee represents that neither it nor any of its parent company, wholly- or majority-majority- owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website: xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/sudan-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/iran-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/fto-list.pdf. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the Borrower, the Bondowner Representative Trustee and each of such entity’s its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Borrower and Bondowner Representative each Trustee understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the respective entity Trustee and exists to make a profit.

Compliance with Texas Government Code. The Borrower and Bondowner Representative each hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent either any of the documents referenced in this Loan Agreement or the Bond Purchase Agreement paragraph is a contract for goods or services, will not boycott Israel during the term of this Loan Agreement or Financing Agreement, the Regulatory Agreement, the Tax Exemption Agreement, the Subordination Agreement, the Bond Purchase Agreement dated , 2019 among RBC Capital Markets, LLC, as underwriter, the Issuer and the Borrower (the “Bond Purchase Agreement”), the Multifamily Loan and Security Agreement dated as of , 2019, between the Borrower and the Issuer (the “Multifamily Loan Agreement”), and the related assignments, and such representation is hereby incorporated by reference into each of such Agreementsthe documents referenced herein. The foregoing verification is made solely to comply with Section 2270.002, Texas Government Code, and to the extent such Section does not contravene applicable Federal law. As used in the foregoing verification, ‘boycott Israel’ means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The Borrower and Bondowner Representative each understands ‘affiliate’ to mean an entity that controls, is controlled by, or is under common control with the respective entity party and exists to make a profit. The Borrower and Bondowner Representative each represents that neither it nor any of its parent company, wholly- or majority-majority- owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website: xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/sudan-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/iran-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/fto-list.pdf. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the Borrower, the Bondowner Representative Borrower and each of such entity’s its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Borrower and Bondowner Representative each understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the respective entity and exists to make a profit.

Compliance with Texas Government Code. The Borrower Each of the Fiscal Agent and Bondowner Representative each Initial Funding Lender hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent either of this Loan Agreement or the Bond Purchase Agreement is a contract for goods or services, and will not boycott Israel during the term of this Funding Loan Agreement, the Project Loan Agreement, the Regulatory Agreement or the Bond Purchase Tax Exemption Agreement, and any other Financing Document to which it is a party, and such representation is hereby incorporated by reference into each of such Agreementsdocuments. The foregoing verification is made solely to comply with Section 2270.002, Texas Government Code, and to the extent such Section does not contravene applicable Federal law. As used in the foregoing verification, ‘boycott Israel’ means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The Borrower Each of the Fiscal Agent and Bondowner Representative each Initial Funding Lender understands ‘affiliate’ to mean an entity that controls, is controlled by, or is under common control with the respective such entity and exists to make a profit. The Borrower Each of the Fiscal Agent and Bondowner Representative each Initial Funding Lender represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website: xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/sudan-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/iran-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/fto-list.pdf. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the BorrowerFiscal Agent, Initial Funding Lender or any of the Bondowner Representative and each of such respective entity’s parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Borrower Each of the Fiscal Agent and Bondowner Representative each Initial Funding Lender understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the respective such entity and exists to make a profit.

Compliance with Texas Government Code. The Borrower and Bondowner Representative each Trustee hereby verifies that it and its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, do not boycott Israel and, to the extent either of this Loan Agreement or the Bond Purchase Agreement is a contract for goods or services, and will not boycott Israel during the term of this Loan Agreement or Indenture, the Bond Purchase Loan Agreement, the Regulatory Agreement and the Tax Exemption Agreement, and such representation is hereby incorporated by reference into each of such Agreementsthe documents referenced herein. The foregoing verification is made solely to comply with Section 2270.002, Texas Government Code, and to the extent such Section does not contravene applicable Federal law. As used in the foregoing verification, ‘boycott Israel’ means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. The Borrower and Bondowner Representative each Trustee understands ‘affiliate’ to mean an entity that controls, is controlled by, or is under common control with the respective entity Trustee and exists to make a profit. The Borrower and Bondowner Representative each Trustee represents that neither it nor any of its parent company, wholly- or majority-owned subsidiaries, and other affiliates is a company identified on a list prepared and maintained by the Texas Comptroller of Public Accounts under Section 2252.153 or Section 2270.0201, Texas Government Code, and posted on any of the following pages of such officer’s internet website: xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/sudan-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/iran-list.pdf, xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/fto-list.pdf. The foregoing representation is made solely to comply with Section 2252.152, Texas Government Code, and to the extent such Section does not contravene applicable Federal law and excludes the Borrower, the Bondowner Representative Trustee and each of such entity’s its parent company, wholly- or majority-owned subsidiaries, and other affiliates, if any, that the United States government has affirmatively declared to be excluded from its federal sanctions regime relating to Sudan or Iran or any federal sanctions regime relating to a foreign terrorist organization. The Borrower and Bondowner Representative each Trustee understands “affiliate” to mean any entity that controls, is controlled by, or is under common control with the respective entity Trustee and exists to make a profit.. The Issuer has caused this Indenture to be executed in its name and on its behalf by its duly authorized officer, and the Trustee has caused this Indenture to be executed in its name by its duly authorized officer, all as of the date set forth above. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS By: Name: X.X. Xxxxxxx Title: Chair [signature page to Indenture of Trust - signatures continue on next page] WILMINGTON TRUST, NATIONAL ASSOCIATION, as Trustee By: Name: Xxxxx Xxxxx Title: Vice President EXHIBIT A (FORM OF REQUISITION CERTIFICATE) COSTS OF ISSUANCE/ PROJECT FUND Date: , Requisition No: REQUISITION CERTIFICATE TO: WILMINGTON TRUST, NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE INDENTURE OF TRUST DATED AS OF JANUARY 1, 2019, BETWEEN THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS AND THE TRUSTEE. TCD MCM, LP, a Texas limited partnership (the “Borrower”), hereby requests that the following amounts be paid from the [Cost of Issuance/Project Fund] to the following payees for the following purposes: Amount Payee and Address Purpose $ The Borrower hereby certifies that: